
[Federal Register: July 9, 2010 (Volume 75, Number 131)]
[Notices]               
[Page 39615-39616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy10-118]                         

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

 
Petition for Waiver of Compliance

    In accordance with part 211 of title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) has received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Orange Empire Railway Museum

[Waiver Petition Docket Number FRA-2010-0102]

    The Orange Empire Railway Museum (OERM) seeks a waiver of 
compliance from certain provisions of the Railroad Freight Car Safety 
Standards, 49 CFR 215.303, which requires stenciling of restricted 
cars; as well as 49 CFR 224.3, which requires Reflectorization for 
freight cars.

[[Page 39616]]

    OERM owns 66 rail cars that are older than 50 years, and are 
restricted by the provision of 49 CFR 215.203(a). OERM is seeking 
special approval to continue to use these cars under proceeding 
according to 49 CFR 215.203(b).
    OERM states that the cars subject to this waiver are used for 
educational, historical and interpretive purposes as part of the 
ongoing museum activities of Southern California Railway Museum, Inc, 
d.b.a. Orange Empire Railway Museum, a California non-profit education 
corporation. OERM is a historical museum tourist railroad operation 
located in the City of Perris, California. Continued operation of these 
cars is central to the education mission and economic survival of the 
museum.
    OERM further states that applying the required stenciling and 
reflective material would destroy the historical appearance of the 
cars. The cars will be operated in captive service and will never be 
interchanged. These cars are rarely, if at all, operated at times other 
than daylight hours. On the rare occasions when the cars are operated 
at night and across a public grade crossing, the crossings in question 
are fully equipped with automatic crossing protection and, by virtue of 
their locations within an urban area, there is adequate light at the 
grade crossing to illuminate the cars.
    The crossing at 7th street on the Jacinto Industrial Spur is not 
protected by gates and flashers; however, on the rare occurrence, if 
ever, when such equipment is moved across said crossing, the museum 
provides a flagman and speeds will not exceed 5 miles per hour. The 7th 
Street crossing is scheduled to receive gates, flashers and islands 
with the introduction of Metrolink service. There have never been any 
train/vehicle accidents at these grade crossings involving OERM trains.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2010-0102) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online 
instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: Docket Operations Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC 
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Communications received within 45 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written 
communications and comments received into any of our dockets by the 
name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (65 FR 19477) or at 
http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on July 2, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative 
Operations.
[FR Doc. 2010-16725 Filed 7-8-10; 8:45 am]
BILLING CODE 4910-06-P

